The union raised a preliminary motion seeking to open up a 2011 Memorandum of Settlement that resolved two prior grievances filed by the grievor.
The union argued the employer acted in bad faith by deliberately withholding relevant emails prior to the settlement, which amounted to fraud.
The Grievance Settlement Board found that the grievor had full knowledge of the facts pertaining to the grievances prior to signing the settlement, as he had written or seen all the emails in question.
The Board concluded the grievor was not misled or deceived, and absent compelling reasons to open up the settlement, the employer's motion to exclude the evidence was granted.
